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Polity & Governance Lecture 17 Notes

The document outlines the structure and functions of the Parliament of India, which consists of the President, the Lok Sabha, and the Rajya Sabha. It details the composition, election processes, and qualifications for members, as well as the roles of the President in the legislative process. Additionally, it discusses the reservation of seats for Scheduled Castes and Scheduled Tribes, disqualifications for membership, and the procedures for vacating seats.

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0% found this document useful (0 votes)
26 views11 pages

Polity & Governance Lecture 17 Notes

The document outlines the structure and functions of the Parliament of India, which consists of the President, the Lok Sabha, and the Rajya Sabha. It details the composition, election processes, and qualifications for members, as well as the roles of the President in the legislative process. Additionally, it discusses the reservation of seats for Scheduled Castes and Scheduled Tribes, disqualifications for membership, and the procedures for vacating seats.

Uploaded by

Dharma Gnani
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© © All Rights Reserved
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16 PARLIAMENT - 01

○ He summons and prorogues both the


PARLIAMENT Houses
● Parliament is the Legislative organ of the Union ○ Dissolves the Lok Sabha, addresses
government of India. both the Houses
● Constitutes Articles 79 to 122 in Part V of the ○ Issues ordinances when they are not
Constitution. in session, and so on.
○ This article deals with the organisation, ● The President of India is not a member of
composition, duration, officers, either House of Parliament and does not sit in
procedures, privileges, powers and so on the Parliament to attend its meetings.
of the Parliament.
● Article 79 - Parliament of India consists of three COMPOSITION OF RAJYA SABHA (ARTICLE 80)
parts viz, the President, the Council of States and Strength Representativ Representati Nominated
the House of the People. e of States ve of UTs by
○ The President of India - not a member of President
either House of Parliament but an integral Maximu 238 (Elected Indirectly) 12
part of the Parliament m - 250
Current – 225 8 12
○ Council of States - Rajya Sabha; Upper
245
House; Second Chamber; House of Elders
● The Fourth Schedule of the Constitution deals
○ House of People - Lok Sabha; Lower
with the allocation of seats in the Rajya Sabha to
House; First Chamber; Popular House.
the states and union territories.
● The framers of the Indian Constitution has
followed the British pattern where the Parliament REPRESENTATION OF STATES
consists of the Crown (King or Queen), the House o Elected by the elected members of state
of Lords (Upper House) and the House of legislative assemblies.
Commons (Lower House). o Method - System of proportional representation
● In the USA, the legislature, which is known as by means of the single transferable vote.
Congress, consists of the Senate (Upper House) o The seats are allotted to the states in the Rajya
and the House of Representatives (Lower House). Sabha on the basis of population.
● The parliamentary form of government o Number of representatives varies from state to
emphasizes on the interdependence between state
the legislative and executive organs. Therefore, o USA - all states are given equal representation in
we have the ‘President-in-Parliament’ like the the Senate irrespective of their population - USA
‘Crown-in Parliament’ in Britain. has 50 states and the Senate has 100 members–
2 from each state.
THE PRESIDENT OF INDIA

● The President is an integral part of the REPRESENTATION OF UNION TERRITORIES


Parliament because a bill passed by both the o Indirectly elected by members of an electoral
Houses of Parliament cannot become law college specially constituted for the purpose.
without the President’s assent. o Method - System of proportional representation
● He also performs certain functions relating to by means of the single transferable vote.
the proceedings of the Parliament. For o Only three UTs (Delhi, Puducherry and Jammu &
example: Kashmir) have representation in Rajya Sabha.

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Parliament - I

o Populations of other 05 UTs are too small. o Originally, this provision was to operate till 1960
but has been extended till 2020 by the 95th
NOMINATED MEMBERS Amendment Act, 2009.
o The president nominates 12 members to the o 104th CAA 2019 – No further extension
Rajya Sabha from people who have special o Provision ceased to have effect on 25th January
knowledge or practical experience in art, 2020.
literature, science and social service.
SYSTEM OF ELECTIONS TO LOK SABHA
o To provide eminent persons a place in the Rajya
Sabha without going through the process of ● Territorial Constituencies - each state is divided
election into territorial constituencies –
o The American Senate has no nominated o Each state is allotted a number of seats in
members. the Lok Sabha in such a manner that the
ratio between that number and its
COMPOSITION OF LOK SABHA (ARTICLE 81) population is the same for all states (Not
Strength Representative Representative applicable to a state having a
of States of UTs population of less than six millions)
Maximum – 530 20 o Each state is divided into territorial
550 constituencies in such a manner that the
ratio between the population of each
Current - 524 19
constituency and the number of seats
543
allotted to it is the same throughout the
state.
REPRESENTATION OF STATES ● Constitution ensures that there is uniformity of
o Directly elected by the people from the territorial representation in two respects: (a) between the
constituencies in the states different states, and b) between the different
o Election is based on the principle of universal constituencies in the same state.
adult franchise. ● ‘Population’ means the population as
o Voting age was reduced from 21 to 18 years by ascertained at the preceding census of which
the 61st CAA, 1988. the relevant figures have been published.
● Readjustment after each Census
REPRESENTATION OF UNION TERRITORIES o Parliament is empowered to determine
● The Constitution has empowered the Parliament the authority and the manner in which it
to prescribe. is to be made
● Parliament has enacted the Union Territories o Under Article 82 of the Constitution, the
(Direct Election to the House of the People) Act, Parliament may by law enact a
1965, by which the members of Lok Sabha from Delimitation Act after every census.
the UTs are also chosen by direct election. o This Delimitation Commission
demarcates the boundaries of the
NOMINATED MEMBERS Parliamentary Constituencies as per
o The President can nominate two members from provisions of the Delimitation Act
the Anglo-Indian community if the community is o Accordingly, the Parliament has enacted
not adequately represented in the Lok Sabha. the Delimitation Commission Acts in 1952,
1962, 1972 and 2002 for this purpose.

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Parliament - I

Amendment Allocation of seats in the Lok Sabha Division of each state into territorial constituencies
Act to the states
42nd CAA 1976 Froze till the year 2000 at the 1971 level ( Objective - encouraging population limiting
measures)
84th CAA 2001 Extended for another 25 years On the basis of the population figures of 1991 census
( upto year 2026)
87th CAA 2003 Without altering the number of On the basis of 2001 census
seats allotted to each state in the
Lok Sabha

DURATION OF RAJYA SABHA (ARTICLE 83)


RESERVATION OF SEATS FOR SCS AND STS
o In the Lok Sabha on the basis of population ratios ● Continuing chamber - Permanent body - Not
o Originally, this reservation was to operate for ten subject to dissolution.
years, but it has been extended continuously ● One-third of its members retire every second
since then by 10 years each time. year - Their seats are filled up by fresh elections
o Constitution has abandoned the system of and presidential nominations at the beginning of
communal representation every third year.
o No system of separate electorate ● Retiring members are eligible for re-election and
o 84th Amendment Act of 2001 - Refixing of the renomination any number of times.
reserved seats on the basis of the population ● The Constitution has not fixed the term of office
figures of 1991 census of members of the Rajya Sabha and left it to the
o 87th Amendment Act of 2003 - Refixing of the Parliament.
reserved seats on the basis of 2001 census. ● Parliament in the Representation of the People
Act (1951) provided that the term of office of a
member of the Rajya Sabha shall be six years.
FIRST-PAST-THE-POST SYSTEM
o Used for the election of members to the DURATION OF LOK SABHA (ARTICLE 83)
Lok Sabha/State Legislative Assembly
● Not a continuing chamber
o Every member of the legislature
● Normal term is five years from the date of its first
represents a geographical area known
meeting after the general elections, after which
as a constituency.
it automatically dissolves.
o From each constituency, only one
● President is authorised to dissolve the Lok Sabha
representative is elected.
at any time even before the completion of five
o A candidate who secures majority of
years and this cannot be challenged in a court
votes is declared elected (50% votes –
of law.
Not Mandatory)
● Term can be extended during the period of
o This simple majority system of
national emergency be a law of Parliament for
representation does not represent the
one year at a time for any length of time.
whole electorate - it does not secure due
representation to minorities (small
groups).

MEMBERSHIP OF PARLIAMENT
Qualifications Constitution lays down the following qualifications for a person to be chosen a member of
(Article 84) the Parliament:

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Parliament - I

● Must be a citizen of India.


● Must make and subscribe to an oath or affirmation before the person authorised
by the election commission for this purpose. (Third Schedule)
● Must be not less than 30 years of age in the case of the Rajya Sabha and not less
than 25 years of age in the case of the Lok Sabha.
● Must posses other qualifications prescribed by Parliament.

Parliament - Additional qualifications in the Representation of People Act (1951)


● Must be registered as an elector for a parliamentary constituency – same for both,
the Rajya Sabha and the Lok Sabha
● Must be a member of a SC or ST in any state or UT, if he wants to contest a seat
reserved for them - Member of SC/ST can also contest a seat not reserved for them

Note: -
● By way of the Representation of People (Amendment) Act, 2003, parliament has
removed the word ‘domicile’ from Section 3 of Representation of People Act, 1951.
● Held by SC in Kuldip Nayar Judgment 2006
● Following the amendment, A person who is neither a resident nor a domicile of a
state can contest the Rajya Sabha elections from that state.

Disqualifications Under the Constitution, a person shall be disqualified for being elected as a member of
(Article 102) Parliament –
● if he holds any office of profit under the Union or state government (except that of a
minister or any other office exempted by Parliament)
● if he is of unsound mind and stands so declared by a court.
● if he is an undischarged insolvent
● if he is not a citizen of India or has voluntarily acquired the citizenship of a foreign state
or is under any acknowledgement of allegiance to a foreign state
● if he is so disqualified under any law made by Parliament.

Disqualifications Parliament – Additional disqualifications in the Representation of People Act (1951)


● Must not have been found guilty of certain election offences or corrupt practices in
the elections.
● Must not have been convicted for any offence resulting in imprisonment for two or
more years (Detention under a preventive detention law is not a disqualification)
● Must not have failed to lodge an account of his election expenses within the time.
● Must not have any interest in government contracts, works or services.
● Must not be a director or managing agent nor hold an office of profit in a corporation
in which the government has at least 25 per cent share.
● Must not have been dismissed from government service for corruption or disloyalty to
the State
● Must not have been convicted for promoting enmity between different groups or for
the offence of bribery

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Parliament - I

● Must not have been punished for preaching and practising social crimes such as
untouchability, dowry and sati.

Deciding
● The President's decision is final.
Authority (Article
● President should obtain the opinion of the election commission and act accordingly.
103)
Disqualification
● Constitution - Person shall be disqualified from being a MP if he is so disqualified on the
on Ground of
ground of defection under the provisions of the Tenth Schedule.
Defection ● To be decided by the Chairman in the case of RS and Speaker in the case of LS
● Decision of the Chairman/ Speaker is subject to judicial review.

Vacating of Seats (Article 101)


Double
● A person cannot be a member of both Houses of Parliament at the same time
Membership
Representation of People Act (1951)
● If elected to both the Houses of Parliament, must intimate within 10 days in which
House he desires to serve - In default of such intimation, his seat in the Rajya Sabha
becomes vacant.
● If a sitting member of one House is also elected to the other House, his seat in the first
House becomes vacant.
● If elected to two seats in a House, he should exercise his option for one. Otherwise,
both seats become vacant.
● Cannot be a member of both the Parliament and the state legislature at the same
time - If a person is so elected, his seat in Parliament becomes vacant if he does not
resign his seat in the state legislature within 14 days.

Disqualification
● MP becomes subject to any of the disqualifications specified in the Constitution

Resignation
● A member may resign his seat by writing to the Chairman of Rajya Sabha or Speaker
of Lok Sabha, as the case may be.
● Seat falls vacant when the resignation is accepted.
● Chairman/ Speaker may not accept the resignation if he is satisfied that it is not
voluntary or genuine

Absence
● If an MP is absent from all its meetings for a period of 60 days without its permission.
● In computing the period of 60 days, no account shall be taken of any period during
which the House is prorogued or adjourned for more than 04 consecutive days.

Other cases
● if his election is declared void by the court
● if he is expelled by the House;
● if he is elected to the office of President or Vice-President
● if he is appointed to the office of governor of a state

Note –

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Parliament - I

● If a disqualified person is elected to the Parliament, the Constitution lays down no procedure to declare
the election void.
● Dealt by the Representation of the People Act (1951) - Enables the high court to declare an election void
if a disqualified candidate is elected.

Oath (Article 99) ● Every MP, before taking his seat in the House, has to make and subscribe to an oath or
affirmation before the President or some person appointed by him
● Third Schedule
● Unless a member takes the oath, he cannot vote and participate in the proceedings
of the House and does not become eligible to parliamentary privileges and immunities
● Article 104 - A person is liable to a penalty of ₹500 for each day he sits or votes as a
member in a House in the following conditions:
1. Before taking and subscribing to the prescribed oath or affirmation; or
2. When he knows that he is not qualified or that he is disqualified for its membership;
or
3. When he knows that he is prohibited from sitting or voting in the House by virtue of
any parliamentary law.

Salaries and ● As may be determined by Parliament.


Allowances ● No provision of pension in the Constitution - Parliament has provided pension to the
members.
● The salaries and allowances of the Speaker and Deputy Speaker of Lok Sabha and the
Chairman and Deputy Chairman of Rajya Sabha are also determined by Parliament -
Charged on the Consolidated Fund of India.

OFFICE OF PROFIT power between the legislature and the


executive.
● The law does not clearly define what constitutes
● Parliament (Prevention of Disqualification) Act,
an office of profit but the definition has evolved
1959, amended several times to expand the
over the years with interpretations made in
exempted list.
various court judgments.
● Interpreted to be a position that brings to the
office-holder some financial gain, or advantage, PRADYUT BORDOLOI VS SWAPAN ROY (2001)
or benefit. o First, whether the government exercises control
● MPs and MLAs, as members of the legislature, over appointment, removal and performance of
hold the government accountable for its work. the functions of the office
● If legislators holds an ‘office of profit’ under the o Second, whether the office has any
government, they might be susceptible to remuneration attached to it
government influence, and may not discharge o Third, whether the body in which the office is held
their constitutional mandate fairly. has government powers (releasing money,
● There should be no conflict between the duties allotment of land, granting licenses etc.).
and interests of an elected member. o Fourth, whether the office enables the holder to
● Seeks to enforce a basic feature of the influence by way of patronage.
Constitution- The principle of separation of

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Parliament - I

JAYA BACHCHAN CASE 2006 House at such a time and vote in the first
o For deciding the question as to whether one is instance, no casting vote.
holding an office of profit or not, what is relevant ● Whenever the Lok Sabha is dissolved, the
is whether the office is capable of yielding a Speaker does not vacate his office and
profit or pecuniary gain and not whether the continues till the newly - elected Lok Sabha
person actually obtained a monetary gain. meets.
o It had held that if office carries with it or entitles
holder to any pecuniary gain other than ROLE, POWERS AND FUNCTIONS
reimbursement of out of pocket or actual o Head of the Lok Sabha, and its representative.
expenses, then office will be office of profit for o Guardian of powers and privileges of the
purpose of Article 102 (1)(a). members, the House as a whole and its
committees.
PRESIDING OFFICERS OF PARLIAMENT o His decision in all Parliamentary matters is final.
● Lok Sabha – Speaker, Deputy Speaker, Panel of o He maintains order and decorum in the House for
chairpersons conducting its business and regulating its
● Rajya Sabha – Chairman, Deputy Chairman, proceedings- Primary responsibility and has final
Panel of vice-chairpersons power in this regard.
o Final interpreter of the provisions of (a) the
SPEAKER OF LOK SABHA Constitution of India, (b) the Rules of Procedure
● Election and Conduct of Business of Lok Sabha, and (c)
o Elected by the Lok Sabha from amongst the parliamentary precedents, within the House
its members (as soon as may be, after its o Adjourns the House or suspends the meeting in
first sitting) – Simple Majority absence of a quorum.
o Whenever the office of the Speaker falls o Does not vote in the first instance; can exercise a
vacant, the Lok Sabha elects another casting vote in the case of a tie - only when the
member House is divided equally on any question, the
o The date of election of the Speaker is Speaker is entitled to vote.
fixed by the President. o Presides over a joint setting of the two Houses of
● Tenure - Speaker remains in office during the life Parliament
of the Lok Sabha - he has to vacate his office o Can allow a ‘secret’ sitting of the House at the
earlier in any of the following three cases request of the Leader of the House - No stranger
o if he ceases to be a member of the Lok can be present in the chamber, lobby or galleries
Sabha except with the permission of the Speaker.
o if he resigns by writing to the Deputy o Decides whether a bill is a money bill or not and
Speaker his decision on this question is final.
o if he is removed by a resolution passed by o Decides the questions of disqualification of a
a majority of all then members of the Lok member of the Lok Sabha, arising on the ground
Sabha (Effective Majority) - Resolution of defection under the provisions of the Tenth
can be moved only after giving 14 days’ Schedule
advance notice o Acts as the ex-officio chairman of the Indian
● When a resolution for the removal is under Parliamentary Group
consideration - he cannot preside at the sitting of o Appoints the chairman of all the parliamentary
the House, though he may be present; can committees of the Lok Sabha and supervises
speak and take part in the proceedings of the their functioning.

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o He is the chairman of the Business Advisory o if he is removed by a resolution passed by


Committee, the Rules Committee and the a majority of all the then members of the
General Purpose Committee. Lok Sabha (Effective Majority) - Can be
moved only after giving 14 days’
INDEPENDENCE AND IMPARTIALITY advance notice
o Security of tenure - Can be removed only by a ● The Deputy Speaker performs the duties of the
resolution passed by the Lok Sabha by effective Speaker’s office when it is vacant.
majority - motion of removal can be considered ● Acts as the Speaker when the latter is absent
and discussed only when it has the support of at from the sitting of the House.
least 50 members.
o Salaries and allowances are fixed by Parliament ● In both the cases, he assumes all the powers of
- charged on the Consolidated Fund of India the Speaker.
o His work and conduct cannot be discussed and ● Presides over the joint sitting of both the Houses
criticised in the Lok Sabha except on a of Parliament, in case the Speaker is absent from
substantive motion (Removal motion) such a sitting.
o His powers of regulating procedure or ● Deputy Speaker is not subordinate to the
conducting business or maintaining order in the Speaker - Directly responsible to the House.
House are not subject to the jurisdiction of any ● Special Privilege - Whenever he is appointed as
Court. a member of a parliamentary committee, he
o Cannot vote in the first instance - can only automatically becomes its chairman.
exercise a casting vote in the event of a tie - This ● While presiding over the House, cannot vote in
makes the position of Speaker impartial. the first instance - can only exercise a casting
o Very high position in the order of precedence – vote in the case of a tie.
7th higher rank than all cabinet ministers, except ● When a resolution for the removal is under
the Prime Minister or Deputy Prime Minister consideration - He cannot preside at the sitting of
o Britain – Once a Speaker, always a Speaker the House, though he may be present.
o Convention in Britain - Speaker has to resign from ● When the Speaker presides over the House, the
his party and remain politically neutral – Not Deputy Speaker is like any other ordinary
applicable to India. member of the House - Can speak in the House,
participate in its proceedings and vote on any
DEPUTY SPEAKER OF LOK SABHA question before the House.
● Elected by the Lok Sabha itself from amongst its ● Upto the 10th Lok Sabha, both the Speaker and
members – Simple Majority the Deputy Speaker were usually from the ruling
● Elected after the election of the Speaker has party.
taken place ● Since the 11th Lok Sabha, there has been a
● The date of election of the Deputy Speaker is consensus that the Speaker comes from the
fixed by the Speaker ruling party and the Deputy Speaker goes to the
● In case of vacancy - Lok Sabha elects another main opposition party.
member to fill the vacancy ● The Speaker and the Deputy Speaker, while
● Tenure - Deputy Speaker remains in office usually assuming their offices, do not make and
during the life of the Lok Sabha - may vacate his subscribe any separate oath or affirmation.
office earlier in any of the following three cases ● The institutions of Speaker and Deputy Speaker
o if he ceases to be a member of the Lok originated in India in 1921 under the provisions of
Sabha the Government of India Act of 1919 (Montague-
o if he resigns by writing to the Speaker Chelmsford Reforms).

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Parliament - I

● G.V. Mavalankar and Ananthasayanam ● Can be removed from his office only if he is
Ayyangar had the distinction of being the first removed from the office of the Vice-President.
Speaker and the first Deputy Speaker ● Powers and functions of the Chairman in the
(respectively) of the Lok Sabha. Rajya Sabha are similar to those of the Speaker
in the Lok Sabha.
PANEL OF CHAIRPERSONS OF LOK SABHA ● Chairman is not a member of the House.
● Under the Rules of Lok Sabha - Speaker ● Cannot vote in the first instance - Only Casting
nominates from amongst the members a panel Vote
of not more than ten chairpersons. ● Cannot preside over a sitting of the Rajya Sabha
● Any of them can preside over the House in the as its Chairman when a resolution for his removal
absence of the Speaker or the Deputy Speaker. is under consideration - Can be present and
● When a member of the panel of chairpersons is speak in the House and can take part in its
also not present, any other person as determined proceedings, without voting
by House acts as the Speaker. ● Salaries and allowances - Fixed by the
● Member of the panel of chairpersons cannot Parliament - Charged on the Consolidated Fund
preside over the House, when the office of the of India
Speaker or the Deputy Speaker is vacant -
Speaker’s duties are to be performed by such DEPUTY CHAIRMAN OF RAJYA SABHA
member of the House as the President may ● Elected by the Rajya Sabha itself from amongst
appoint for the purpose. its members – Simple Majority
● The elections are held, as soon as possible, to fill ● Whenever the office of the Deputy Chairman
the vacant posts. falls vacant, the Rajya Sabha elects another
member to fill the vacancy.
SPEAKER PRO TEM ● Vacates his office
● As provided by the Constitution, the Speaker of o if he ceases to be a member of the Rajya
the last Lok Sabha vacates his office immediately Sabha
before the first meeting of the newly elected Lok o if he resigns by writing to the Chairman
Sabha o if he is removed by a resolution passed by
● President appoints a member of the Lok Sabha a majority of all the then members of the
as the Speaker Pro Tem - Usually, the seniormost Rajya Sabha - Only after giving 14 days’
member is selected. advance notice
● Performs the duties of the Chairman’s office
● The President himself administers oath to the when it is vacant or when the Vice-President acts
Speaker Pro Tem. as President or discharges the functions of the
● Has all the powers of the Speaker. President.
● Presides over the first sitting of the newly elected ● Also acts as the Chairman when the latter is
Lok Sabha absent.
● Main duty is to administer oath to the new ● In both the cases, he has all the powers of the
members and to enable the House to elect the Chairman.
new Speaker. ● Deputy Chairman is not subordinate to the
● Temporary office Chairman - Directly responsible to the Rajya
Sabha.
CHAIRMAN OF RAJYA SABHA ● While presiding over the House, cannot vote in
● The vice-president of India is the ex-officio the first instance; he can only exercise a casting
Chairman of the Rajya Sabha vote in the case of a tie.

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Parliament - I

● When a resolution for the removal is under a) 1 Only


consideration of the House, he cannot preside b) 2 Only
over a sitting of the House, though he may be c) 1 and 3
present. d) 2 and 3
● Salary and allowance - Fixed by Parliament and Answer: B
are charged on the Consolidated Fund of India. Q.02 Consider the following statements:
● When the Chairman presides over the House, the 1. The parliament (Prevention of Disqualification)
Deputy Chairman is like any other ordinary Act, 1959 exempts several posts from disqualification
member of the House - can speak in the House, on the grounds of ‘Office of Profit’.
participate in its proceedings and vote on any 2. The above-mentioned Act was amended five
question before the House. times.
3. The term ‘Office of Profit’ is well-defined in the
PANEL OF VICE CHAIRPERSONS OF RAJYA Constitution of India.
SABHA Which of the following statements given above
● Under the Rules of Rajya Sabha - Chairman is/are correct? [2019]
nominates from amongst the members a panel (a) 1 and 2 only
of vice-chairpersons. (b) 3 only
● Any one of them can preside over the House in (c) 2 and 3 only
the absence of the Chairman or the Deputy (d) 1,2 and 3
Chairman. Answer: A
● When a member of the panel of vice Q.03 Consider the following statements: [2018]
chairpersons is also not present, any other person 1. The Speaker of the Legislative Assembly shall
as determined by the House acts as the vacate his/her office if he/she ceases to be a
Chairman. member of the Assembly.
● Cannot preside over the House, when the office 2. Whenever the Legislative Assembly is dissolved,
of the Chairman or the Deputy Chairman is the Speaker shall vacate his/her immediately.
vacant - Chairman’s duties are to be performed Which of the statements given above is/are correct?
by such member of the House as the president a) 1 only
may appoint for the purpose. b) 2 only
● Elections are held, as soon as possible, to fill the c) Both 1 and 2
vacant posts. d) Neither 1 nor 2
Answer: A
PREVIOUS YEAR QUESTIONS Q.04 For election to the Lok Sabha, a nomination
Q.01 Consider the following statements: paper can be filed by [2017]
1. In India, there is no law restricting the candidates (a) anyone residing in India.
from contesting in one Lok Sabha election from three (b) a resident of the constituency from which the
constituencies. election is to be contested.
2. In 1991, Lok Sabha Election, Shri Devi Lal contested (c) any citizen of India whose name appears in the
from three Lok Sabha constituencies electoral roll of a constituency.
3. As per the existing rules, if a candidate contests in (d) any citizen of India.
one Lok Sabha election from many constituencies, Answer: C
his/her party should bear the cost of bye-elections to Q.05 Consider the following statements: [2017]
the constituencies vacated by him/her in the event 1. In the election for Lok Sabha or State Assembly, the
of him/her winning in all the constituencies. winning candidate must get at least 50 percent of
Which of the statements given above is/are correct? the votes polled, to be declared elected.
[2021]

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Parliament - I

2. According to the provisions laid down in the 3. If he/she intends to resign, the letter of his/her
Constitution of India, in Lok Sabha, the Speaker’s resignation has to be addressed to the Deputy
post goes to the majority party and the Deputy Speaker.
Speaker’s to the Opposition. Which of the statements given above is/are correct?
Which of the statements given above is/are correct? (a) 1 and 2 only
(a) 1 only (b) 3 only
(b) 2 only (c) 1, 2 and 3
(c) Both 1 and 2 (d) None
(d) Neither 1 nor 2 Answer : B
Answer: D
Q. 06 Consider the following statements: [2013]
1. The Chairman and the Deputy Chairman of the
Rajya Sabha are not the members of that House.
2. While the nominated members of the two Houses
of the Parliament have no voting right in the
presidential election, they have the right to vote in
the election of the Vice-President.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Answer : B
Q.07 Consider the following statements: [2012]
1. Union Territories are not represented in the Rajya
Sabha.
2. It is within the purview of the Chief Election
Commissioner to adjudicate the election disputes.
3. According to the Constitution of India, the
Parliament consists of the Lok Sabha and the Rajya
Sabha only.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) None
Answer : D
Q.08 Regarding the office of the Lok Sabha Speaker,
consider the following statements: [2012]
1. He/She holds the office during the pleasure of the
President.
2. He/She need not be a member of the House at
the time of his/her election but has to become a
member of the House within six months from the date
of his/ her election.

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